Terms and Conditions
I. General provisions
1. These Terms and Conditions define the general conditions, the manner of providing electronic services and sales conducted via the infuture.institute website. The service is provided by Natalia Hatalska conducting business activity under the name INFUTURE.INSTITUTE NATALIA HATALSKA registered in the Central Register of Business Activity and Information kept by the minister responsible for economy at the address: 1 Gdańsk Agreement Street, 80-864 Gdańsk, NIP: 9581316257, REGON: 361379770, hereinafter referred to as the Seller.
2. The provisions of these terms and conditions apply to the purchase of any of our products and services, including any transaction concluded through the infuture.institute website. By entering into a transaction as above, you declare that you accept these Terms and Conditions (hereinafter: ‘Terms and Conditions’). By using the infuture.institute service you declare that you accept the Terms and Conditions. If you do not accept the Terms and Conditions, please leave this website.
3. Contact with the Seller shall be made through:
(a) e-mail address: contact@infuture.institute,
b) the application form available at: http://infuture.institute/en/contact/.
4. These Terms and Conditions are continuously available on the website infuture.institute, in a manner that allows you to obtain, reproduce and consolidate their content by printing or saving on a carrier at any time.
5. The Seller informs that the use of services provided electronically may be associated with a risk on the part of any user of the Internet, consisting of the possibility of introducing harmful software to the Client’s information and communication system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimise their occurrence, in particular anti-virus and firewall software. The Vendor shall not be held liable for the occurrence or consequences of the aforementioned circumstances, unless they occur due to the Vendor’s willful misconduct.
6. Only entrepreneurs within the meaning of Article 43[1] of the Civil Code (hereinafter referred to as ‘Entrepreneur’) may use the Services or purchase Goods through the Website.
II. Definitions
The terms used in the Rules and Regulations shall mean:
1. Working days – these are days from Monday to Friday excluding public holidays;
2. Customer – Entrepreneur who places an Order on the Site or uses the Services available on the Site;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
4. Account – the part of the Site assigned to a given Customer, through which the Customer may perform certain actions on the Site;
5. Terms and Conditions – this document;
6. Merchandise – a product presented on the Website, the description of which is available next to each product presented;
7. Agreement – agreement for the sale of Goods within the meaning of the Civil Code, or agreement for the provision of Subscription services concluded between the Seller and the Customer;
8. Services – services provided by the Seller to the Customers electronically within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
9th Act on provision of services by electronic means – Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
9. Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement.
10. Website – means the website available at https://infuture.institute.
III. Principles of using the Website
1. The use of the Website is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
(a) a computer or mobile device with access to the Internet,
b) access to electronic mail,
c) web browser Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
d) Cookies and Javascript enabled in your web browser,
e) a program to read and write PDF files is installed.
2. The use of the Site shall mean any action by the Customer which leads to his/her becoming familiar with the content of the Site.
3. In particular, the Customer shall:
(a) not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes the personal rights and other rights of third parties,
b) to use the Website in a manner that does not interfere with its operation, in particular by using specific software or devices,
c) not to take actions such as: sending or posting unsolicited commercial information (spam) within the Service,
d) use the Website in a manner not onerous for other Clients and the Seller,
e) use the content of the Website for personal use only,
f) use the Website in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of these Terms of Service and also with the general principles of using the Internet.
IV. Services
1. Through the Website, the Seller makes it possible to use the Services, which are provided by the Seller 24 hours a day, 7 days a week.
2. The service of maintaining an Account on the Website is available after registration. Registration takes place by completing and accepting the registration form made available on one of the pages of the Website. The agreement on provision of services consisting in maintaining an Account on the Website is concluded for an indefinite period of time and shall be terminated at the moment of sending a request by a Customer for Account removal or using the ‘Remove Account’ button. 3.
3. The Customer has the possibility of sending messages to the Seller using the contact form. The contract for the provision of the service consisting in the provision of an interactive form enabling the Clients to contact the Seller is concluded for a fixed period of time and is terminated at the moment of sending the message or resigning from filling in or sending the form.
4. The Vendor shall make available to Customers a paid Subscription Service for reports (hereinafter referred to as Subscription), prepared by the Vendor. The Subscription Service Agreement is concluded for a fixed period of time indicated in the order confirmation and is terminated upon expiry of the term for which it was concluded.
5. In the event that the Customer breaches the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the breaches, setting an appropriate time limit, may terminate the agreement for the provision of Services at 7 days’ notice.
V. Procedure for concluding a Sales Agreement
1. Information about the Goods and Subscription service provided on the Website shall not constitute an offer within the meaning of the law.
2. The Customer, by sending an Order to the Seller, submits an offer to purchase the Goods or the Subscription service. The offer binds the Customer from the moment of placing the Order until the expiry of the payment period specified therein. The Seller sends the Customer a confirmation of the Order, which specifies the subject of the Order and, in the case of the Subscription service, additionally the time of its conclusion. The Contract is concluded as soon as the Customer receives the confirmation of acceptance of the Order for execution.
3. The activities aimed at concluding the Agreement, in particular placing an Order, may only be performed by persons duly authorised to act on behalf of the Customer. The Customer and the Seller unanimously agree that the person who acts on behalf of the Customer when using the Website, submitting an Offer or concluding a Contract is authorised to represent the Customer, in particular if, in contacts with the Seller, he or she uses an e-mail address suggesting his or her affiliation with the organisation of the given entrepreneur. In the event that this person, contrary to the rule set forth in the first sentence of this clause V.3., is not actually authorised to represent the Customer, he shall be deemed to have concluded the Contract jointly and severally on behalf of the Customer as well as on his own behalf.
4. The Customer agrees to the issuing of invoices without the recipient’s signature in electronic form. Delivery of the invoice shall be deemed to be the moment of its entry into the Customer’s ICT system.
5. The sales contract shall be concluded in the English language.
VI. Delivery and payment
1. The Seller shall inform the Customer, prior to submitting the Order, of the forms of payment to be handled and the methods and times for processing the Order.
2. The Goods and the Subscription service shall be delivered to the Customer electronically by e-mail to the address stated in the Order form and within the period stated therein or by making it available in the Customer Account.
3. The Order lead time is calculated in Business Days. The period shall commence on the date of receipt of payment and end on the date on which the Order is delivered to the Customer.
4. If the User has chosen payment by payment card as the payment method, the User agrees to pay for the subscription on an automatically renewable payment basis (so-called ‘recurring payment’), in accordance with the chosen subscription plan. The Service Provider is due remuneration for the use of the Service, in an amount depending on the Service package selected by the Customer at the time of registration on the Website.
5. The remuneration is a monthly remuneration and its amount is determined by the Price List.
6. By entering into the Agreement, the Customer agrees to make payments for the Services for subsequent billing periods, no later than the first day of each billing period.
7. Each billing period lasts for 1 (one) cycle starting from the day of commencement of paid use of the Services and ending on the day preceding the day of commencement of the next cycle resulting from the calendar. For annual packages, the cycle lasts for 1 full calendar year and for monthly packages for 1 full calendar month.
8 The customer can cancel the subscription at any time via the customer panel available at https://infuture.institute/moje-konto/.
9. The available payment methods are credit card, payment by Przelewy24 and bank transfer. In the case of Customers who have their registered office or permanent place of residence or usual place of stay outside the territory of the Republic of Poland, the VAT rate indicated in the Price List may be subject to change and will be determined in accordance with the Council Implementing Regulation (EU) No 282/2011 of 15.03.2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax.
10. The Customer agrees that the Service Provider may prepare VAT invoices in electronic form.
11. If the monthly subscription is not cancelled, it is automatically extended for the next period.
12. Prior to the expiry of the deadline for payment for the next billing period, the Client who has chosen a payment method other than monthly automatic debiting of the account associated with the credit card, will receive 7 days before the billing period at the email address provided during registration on the Site information about the end of the subscription along with a link, after which he will be redirected to a subpage of the Site, from which he will be able to download a proforma VAT invoice.
13. VAT invoices covering subsequent billing periods shall be available on the Site within the Customer Account.
14. In the event of default on payment, the Service Provider shall be entitled to block the non-Consumer Customer’s Account until payment is made. The Client whose account has been blocked may not use the Services provided by the Service Provider.
15. In the event of a delay in payment exceeding 30 days, the Agreement with the Customer who is not a Consumer is terminated, which does not apply to a delay in payment for the first billing period.
14. Payments are handled by Przelewy24 – PayPro S.A. ul. Kanclerska 15, 60-327 Poznań.
15. The Seller reserves the right to change the fees for the use of the Website at any time, including the introduction of fees for services that were previously provided free of charge. The Seller shall inform the existing User 30 days in advance of the change in fees and allow him/her to terminate the Agreement (close the Account) if the User does not accept the introduced changes.
16. Subject to the cases indicated in the Terms and Conditions and mandatory provisions of law, all amounts paid under the Agreement shall be non-refundable. Any overpayment, which is the difference between the amount prepaid and the amount due to the Vendor, shall be credited to future payments for the use of the Website, subject to other cases provided for in the Terms and Conditions.
17. The Seller reserves the right to inform the User by email of the expiry of the subscription period and the amount of the fee to be paid in order to renew the subscription. If the User does not pay the fee to renew the subscription on time, the Account shall become expired for a period not exceeding 90 days (‘Expired Account’). This means that the Account has the User Content retained, but the functionality of the Service blocked. If the User still does not pay the fee, the User shall be deemed to have cancelled further subscription to the Service, resulting in the termination of the Agreement.
VII. Liability
1. The Seller is the author of the sold Goods or Services and the position presented therein is her subjective position, therefore it may not constitute the basis for any claims by the Customer on account of failure to occur of the circumstances indicated in the presented position.
2. The Seller, due to modernisation or maintenance work on the system and technical interruptions, may suspend the operation of the Website for a certain period of time. Customers will be informed about technical interruptions on the Website well in advance. 3.
3. The Seller shall not be liable for failures, technical interruptions and any resulting damage, which are caused by force majeure understood in accordance with the relevant provisions of the Civil Code.
4. The Seller shall not be liable for failures, technical interruptions and any resulting damage that are caused by circumstances beyond the Seller’s control.
5. The Seller shall also not be liable for failures, technical interruptions and any resulting damage that may have occurred as a result of their actions or omissions by the Customer. In particular, this applies to improper or unauthorised use of the Services, providing false or incomplete information when activating the Services, as well as Customer’s breach of the provisions of the Terms and Conditions.
6. The total liability of the Seller for damage due to non-performance or improper performance of services covered by these Terms and Conditions and Agreements concluded with the Clients may not exceed the amount of remuneration paid to the Seller by the given Client to whom the damage occurred.
7. Liability towards third parties and for lost profits is excluded.
VIII. Complaints
1. The warranty is excluded for Customers.
2. The Customer may submit complaints to the Seller in relation to the functioning of the Website and the use of the Services. Complaints may be submitted in writing to the address: INFUTURE.INSTITUTE NATALIA HATALSKA, Plac Porozumienia Gdańskiego 1 80-864 Gdańsk, to the e-mail address: kontakt@infuture.institute or using the contact form.
3. In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.
The data will be processed for the time necessary to carry out the complaint procedure or the withdrawal procedure. Complaints and withdrawal statements may also be archived for statistical purposes.
In the case of data contained in complaints and withdrawal declarations, the customer is not able to rectify this data. Neither can the customer object to the processing of the data or request the deletion of the data until the expiry of the limitation period for contractual claims. After the expiry of the limitation period for claims under the concluded contract, the Customer may object to the processing of the data for statistical purposes as well as demand that the data be deleted from the database.
4. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In the case of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the call by the Customer.
IX. Returns
1. The consumer has no right of withdrawal from a distance contract with regard to contracts:
- for the supply of digital content (e.g. syndicated reports in .pdf format and access to an online webinar) which is not recorded on a tangible medium, if the performance has begun with the consumer’s express consent before the expiry of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the performance begins that after the Seller’s performance, he will lose his right of withdrawal,
2. In the event of termination or expiry of the Agreement, in a situation where the Customer has prepaid the period of use of the Service and this period extends beyond the date of termination or expiry of the Agreement, the monies paid by the Customer for the use of the Service shall not be refunded. The provision covered by the preceding sentence shall not apply to Customers who are Consumers, who shall always be entitled to a refund of such monies.
3. In the event of termination of the Agreement, the Service Provider shall store the data collected within the Client’s Account for a period of 30 (thirty) days. During this period, the Customer may request the release of the data, by the Service Provider, however, against a separate remuneration. The Client also gains access to the aforementioned data in the event that the Client purchases the Service again. After the expiry of the 30-day period referred to in the preceding sentence, access to the data stored within the Client’s Account will be impossible.
4. In the event of a dispute, the Customer, who is a Consumer, has the following exemplary possibilities of using out-of-court ways of dealing with complaints and pursuing claims: a)The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to resolve a dispute arising from the concluded Agreement. The Rules of Procedure for the Organisation and Operation of Permanent Consumer Arbitration Courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the Rules of Procedure for the Organisation and Operation of Permanent Consumer Arbitration Courts. (Journal of Laws 2001, No. 113, item 1214); b) The Customer may obtain free assistance in resolving a dispute between the Customer and the Service Provider, using also the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.
X. Personal data protection
The personal data provided by the Customers shall be collected and processed by the Seller in accordance with the applicable legal regulations. Detailed information is contained in the Website’s Privacy Policy.
XI. Final provisions
1. All rights to the Website, including the property copyright, intellectual property rights to its name, domain name, website, as well as to the forms, logos belong to the Seller, and the use of them may only take place in the manner specified and in accordance with these Terms and Conditions.
2. Settlement of any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the registered office of the Seller.
3. The law applicable to the resolution of any disputes arising under these Terms and Conditions is Polish law.
4. Any amendments to the Terms and Conditions are effective from the date of their publication.